Asylum and Withholding

Seeking asylum in the United States can happen through a few different pathways, each shaped by where a person is in the immigration process and how they arrived. At its core, asylum is a protection request made by someone already inside the country who fears persecution or harm if returned home. The rules allow people to apply regardless of how they entered, but most must submit their application within one year of their last arrival unless they can show that major changes in their circumstances or extraordinary events prevented timely filing. When those exceptions apply, the application must still be filed within a reasonable period.

People who are not in removal proceedings may pursue asylum directly with USCIS by filing Form I‑589. This begins what is known as the affirmative process, where applicants meet with an asylum officer in a non‑adversarial interview. If USCIS cannot approve the case and the applicant lacks lawful status, the matter is sent to an immigration judge for a fresh, independent review. In some situations, USCIS may refer the case for an asylum‑only hearing if the agency does not have jurisdiction. Applicants can remain in the country while their case is pending, though work authorization is limited and requires meeting specific eligibility rules.

Another path to asylum begins when someone is placed in expedited removal and expresses fear of returning to their home country. They receive a credible fear screening with a USCIS asylum officer, who determines whether their fear meets the threshold for further consideration. If the officer finds credible fear, USCIS may keep the case and conduct a second, more detailed interview known as an Asylum Merits Interview. During this stage, the officer evaluates eligibility for asylum and, if needed, considers protection under withholding of removal or the Convention Against Torture. If USCIS does not grant protection, the case is sent to an immigration judge for full review.

The third route is the defensive process, which occurs only when a person is already in removal proceedings. Here, asylum is requested as a defense against deportation. People may end up in this process because USCIS referred their affirmative case, because they were apprehended without proper documents, or because they were placed in expedited removal and later found to have credible fear. Defensive cases unfold in a courtroom setting where an immigration judge hears arguments from both the applicant and the government. The judge decides whether asylum is warranted, and if not, whether any other form of protection applies.

Across all pathways, the core elements remain consistent: applicants must show they fear persecution based on protected grounds and meet the legal standards for protection. Interviews and hearings may involve interpreters, and the type of interpreter provided depends on the stage of the process. Filing requirements also vary depending on whether an application is already on record with USCIS or must be submitted directly to the court.

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Affiliations & Recognitions

"Our family is grateful for the preparation, patience, and hard work Ilionsky Law did to help my family win asylum. Thank you."

Aleh Balabin

"Words cannot express how thankful I am to have had E.Z. take on my case. From the beginning of my case all the way to the end, he answered all of my questions, handled all obstacles, and defended at all times. You can say he is a Professional Bulldog in court! E.Z. took care of me and my family and we will always be thankful for his help! We highly, highly recommend E.Z! All the way!"

Monique Perez

"I was referred to Ilionsky Law and could not be happier with the service. E.Z. took my case on in a less than an optimal time frame, yet made me feel like I was in good hands throughout. There was excellent communication/responsiveness and counsel was straightforward with everything explained thoroughly (and with a lot of patience!). E.Z. was kind and thoughtful and I felt at ease knowing I had him going into the situation. I wholeheartedly would recommend this establishment!"

Neda Haggag

"Words cannot express the gratitude I feel toward Ilionsky, it was a blessing to have found him. Since the minute I was on the phone with him, I had nothing but total support and guidance. Had it not been for Ilionsky, I probably would have lost my case and my sanity, to be honest. He was always reachable, communicative, smart, straightforward, confident, and extremely competent. He is a truly compassionate human being, who cared for my case as if I was part of his family. Putting my trust in him was the best decision I have made. I felt confident and secure with him on my side through the whole case, not once did I doubt him. I know it's you said you are just doing your job, but it's my life- and I feel you went above and beyond and I just want to express my appreciation."

Karla Venegas

"We had an asylum case based on religion from Egypt and Mr. Ilionsky did everything right. He was prepared, the papers were properly translated, and he even lined up an expert witness, so the judge understood everything properly. Thank you, forever from the Abdelmesseh family!"

B. Abdelmesseh